Court Upholds ICPC’s Authority, Dismisses Suspended NCAA DG’s Fundamental Rights Suit
Zainab Tanimu
Kaduna Northwest Nigeria
The Federal Capital Territory (FCT) High Court, Abuja, has dismissed a suit filed by the suspended Director-General of the Nigerian Civil Aviation Authority (NCAA), Captain Musa Nuhu, against the Independent Corrupt Practices and Other Related Offences Commission (ICPC).
In the suit numbered FCT/HC/CV/3384/2024, Captain Nuhu had sought to stop the ICPC from inviting him over allegations that he retained official government vehicles after his suspension from office. He claimed the Commission’s invitation amounted to harassment and a violation of his fundamental rights to personal liberty and freedom of movement as enshrined in Sections 35 and 41 of the 1999 Constitution (as amended).
The suspended NCAA boss further argued that since the Economic and Financial Crimes Commission (EFCC) was already investigating him, the ICPC’s inquiry represented a duplication of effort by another anti-corruption agency.
However, in its response, the ICPC countered through a 13-paragraph affidavit that Captain Nuhu had continued to hold on to three official vehicles — a Toyota Land Cruiser VXR V8 (2019 model), a Toyota Hilux (2018 model), and a Lexus LX 570s (2019 model) — eight months after his suspension. The Commission maintained that the vehicles remained government property and that it was acting within its legal mandate to recover such assets.
The ICPC also clarified that its invitation was solely for the recovery of government-owned vehicles and not related to the EFCC’s ongoing probe, thereby ruling out any claim of investigative overlap.
Delivering judgment, Justice Njideka Nwosu-Iheme held that Captain Nuhu failed to establish any violation of his fundamental rights. She stated that law enforcement agencies must not be hindered in carrying out their statutory duties, particularly when acting within the boundaries of the law.
In her words:
“Courts must refrain from clipping the wings of enforcement agencies unnecessarily. The Applicant has failed to prove any breach of his rights. The application is unmeritorious and is hereby dismissed in its entirety.”
The ruling effectively reaffirmed the ICPC’s legal authority to summon and question suspended public officials over the retention or misuse of government property pending investigation.
